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Sub. H. B. No. 323As Reported by the House County and Township Government CommitteeAs Reported by the House County and Township Government Committee
125th General Assembly | Regular Session | 2003-2004 |
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REPRESENTATIVES Hoops, Wolpert, Daniels, Chandler, Cirelli, Collier, Domenick, C. Evans, Fessler, Flowers, Martin, McGregor, Olman, Price, Schlichter, Sferra, Skindell, Ujvagi, Wagner, Walcher
A BILL
To amend sections 307.12 and 505.10 of the Revised
Code to allow boards of county commissioners and
boards of township trustees to donate certain
personal property to eligible nonprofit
organizations located in Ohio.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1. That sections 307.12 and 505.10 of the Revised
Code be amended to read as follows:
Sec. 307.12. (A) Except as otherwise provided in
divisions
(B), (C),
and (D),
(E), and (G) of this section, when the board of
county
commissioners
finds, by resolution, that the county has
personal
property,
including motor vehicles acquired for the use
of county
officers
and departments, and road machinery, equipment,
tools, or
supplies, which is not needed for public use, or is
obsolete, or is
unfit for the use for which it was acquired, and when
the fair
market value of the property to be sold
or donated under
this
division is, in
the opinion
of the board, in excess of two
thousand five hundred
dollars, the board
may do either of the
following: (1) Sell
the property at public auction or by sealed
bid to
the highest
bidder. Notice of the time, place, and
manner
of the
sale shall
be published in a newspaper of general
circulation in
the county at least ten days prior to the
sale, and
a typewritten
or printed notice of the time, place, and
manner of
the sale shall
be posted at least ten days before the sale in the
offices of the
county auditor and the board of county
commissioners. If a board conducts a sale of
property by sealed
bid, the
form of the bid shall be as prescribed by the board, and
each bid
shall contain the name of the person submitting it. Bids
received
shall be opened and tabulated at the time stated in
the
notice.
The property shall be sold to the highest bidder,
except
that the
board may reject all bids and hold another sale,
by
public auction
or sealed bid, in the manner prescribed by this
section. (2) Donate any motor vehicle that does not exceed four
thousand five hundred
dollars in value to a nonprofit organization
exempt from federal income
taxation pursuant to 26 U.S.C. 501(a)
and (c)(3) for the purpose of meeting
the transportation needs of
participants in the Ohio works first program
established under
Chapter 5107. of the Revised Code and participants in the
prevention, retention, and contingency program established under
Chapter 5108.
of the Revised Code. (B) When the board of county commissioners finds, by
resolution, that the
county has personal property, including motor
vehicles acquired for the use of
county officers and departments,
and road machinery, equipment, tools, or
supplies, which is not
needed for public use, or is obsolete, or is unfit
for the use for
which it was acquired, and when the fair market value of the
property to be sold
or donated under this division is, in the
opinion of the
board, two
thousand five hundred dollars or less,
the board may
sell
do either of the following: (1) Sell the property by
private sale, without advertisement
or public
notification; (2) Donate the property to an eligible nonprofit
organization that is located in this state and is exempt from federal income taxation pursuant to 26
U.S.C. 501(a) and (c)(3). Before donating any property under this
division, the board shall adopt a resolution expressing its intent
to make unneeded, obsolete, or unfit-for-use county personal
property available to these organizations. The resolution shall
include guidelines and procedures the board considers necessary to implement a donation program under this division and
shall indicate whether the county will conduct the donation program or the board will contract with a
representative to conduct it. If a representative is known when
the resolution is adopted, the resolution shall provide contact
information such as the representative's name, address, and
telephone number. The resolution shall include within its procedures a
requirement that any nonprofit organization desiring to obtain
donated property under this division shall submit a written notice
to the board or its representative. The written notice shall
include evidence that the organization is a nonprofit organization that is located in this state and is
exempt from federal income taxation pursuant to 26 U.S.C. 501(a)
and (c)(3); a description of the organization's primary purpose; a
description of the type or types of property the organization
needs; and the name, address, and telephone number of a person
designated by the organization's governing board to receive
donated property and to serve as its agent. After adoption of the resolution, the board shall publish, in
a newspaper of general circulation in the county, notice of its
intent to donate unneeded, obsolete, or unfit-for-use county
personal property to eligible nonprofit organizations. The notice
shall include a summary of the information provided in the
resolution and shall be published at least twice. The second and
any subsequent notice shall be published not less than ten nor
more than twenty days after the previous notice. A similar notice
also shall be posted continually in a conspicuous place in the
offices of the county auditor and the board of county
commissioners, and, if the county maintains a web site on the
internet, the notice shall be posted continually at that web site. The board or its representative shall maintain a list of all
nonprofit organizations that notify the board or its
representative of their desire to obtain donated property under
this division and that the board or its representative determines
to be eligible, in accordance with the requirements set forth in this section and in
the donation program's guidelines and procedures, to receive
donated property. The board or its representatives also shall maintain a list
of all county personal property the board finds to be unneeded,
obsolete, or unfit for use and to be available for donation under
this division. The list shall be posted continually in a
conspicuous location in the offices of the county auditor and the
board of county commissioners, and, if the county maintains a web
site on the internet, the list shall be posted continually at that
web site. An item of property on the list shall be donated to the
eligible nonprofit organization that first declares to the board
or its representative its desire to obtain the item unless the
board previously has established, by resolution, a list of
eligible nonprofit organizations that shall be given priority with
respect to the item's donation. Priority may be given on the
basis that the purposes of a nonprofit organization have a direct
relationship to specific public purposes of programs provided or
administered by the board. A resolution giving priority to
certain nonprofit organizations with respect to the donation of an
item of property shall specify the reasons why the organizations
are given that priority. (C) Members of the board of county commissioners shall consult with the Ohio ethics commission, and comply with the provisions of Chapters 102. and 2921. of the Revised Code, with respect to any sale or donation under division (A) or (B) of this section to a nonprofit organization of which a county commissioner, any member of the county commissioner's family, or any business associate of the county commissioner is a trustee, officer, board member, or employee. (D) Notwithstanding
anything to the contrary in
division
(A), (B),
or
(C)(E) of this section and
regardless of the
property's value, the
board
of county commissioners may sell or
donate
county
personal
property, including motor
vehicles,
to
the
federal
government, the state, or
any political
subdivision of
the
state
without advertisement or
public
notification. (C)(E)
Notwithstanding anything to the contrary in division
(A),
(B), or
(E)(G) of this section and regardless of the
property's
value, the board of county commissioners may sell
personal
property, including motor vehicles acquired for the use
of county
officers and departments, and road machinery, equipment,
tools, or
supplies, which is not needed for public use, or is
obsolete, or is
unfit for the use for which it was acquired, by
internet auction.
The board shall adopt, during each calendar
year, a resolution
expressing its intent to sell that property by
internet auction.
The resolution shall include a description of
how the auctions
will be conducted and shall specify the number of
days for bidding
on the property, which shall be no less than
fifteen days,
including
Saturdays, Sundays, and legal holidays.
The resolution
shall
indicate whether the county will conduct the
auction or the
board will contract with a representative to
conduct the auction
and shall establish the general terms and
conditions of sale. If
a representative is known when
the
resolution is adopted, the
resolution shall provide contact
information such as the
representative's name, address, and
telephone
number.
After adoption of the resolution, the board shall
publish, in
a newspaper of general circulation in the
county, notice of
its
intent to sell unneeded, obsolete, or unfit-for-use county
personal
property by internet auction. The notice shall include a
summary
of the information provided in the resolution and shall be
published at least twice. The second and any subsequent notice
shall be published not less than ten nor more than twenty days
after the previous notice. A similar notice also shall be posted
continually throughout the calendar year in a conspicuous place in
the offices of the county auditor and the board of county
commissioners, and, if the county maintains a
website
web site on
the
internet, the notice shall be posted continually throughout
the
calendar year at that
website
web site. When property is to be sold by internet auction, the board or
its representative may establish a minimum price that
will be
accepted for specific items and may establish any other
terms and
conditions for the particular sale, including
requirements for
pick-up or delivery, method of payment, and sales
tax. This type
of information shall be provided on the internet
at the time of
the auction and may be provided before that time
upon request
after the terms and conditions have been determined
by the board
or its representative. (D)(F) When a county
officer or department head determines
that
county-owned personal
property under the jurisdiction
of the
officer or department head,
including motor vehicles, road
machinery, equipment, tools, or
supplies, is not of immediate
need, the county
officer or
department head may notify the board
of county
commissioners,
and
the board may lease
that
personal
property to any municipal
corporation, township, or other
political subdivision of the
state.
The
lease shall require
the
county to be reimbursed
under terms, conditions, and
fees
established by the board, or under
contracts
executed by the
board.
(E)(G) If the board
of county commissioners finds,
by
resolution, that the county
has vehicles, equipment, or
machinery
which is not needed, or is
unfit for public use, and the
board
desires to sell
the
vehicles, equipment, or machinery
to the
person or firm from
which it proposes to purchase other
vehicles,
equipment, or
machinery, the board may offer to sell the
vehicles,
equipment,
or machinery to
that person or firm, and
to have
the
selling
price credited to the person or firm
against the purchase
price
of other vehicles, equipment, or
machinery.
(F)(H) If the board
of county commissioners
advertises for
bids
for the sale of
new vehicles, equipment, or
machinery to the
county, it may
include in the same advertisement
a notice of the
willingness of
the board to accept bids for
the purchase of
county-owned
vehicles, equipment, or machinery
which is obsolete
or not needed
for public use, and to have the
amount of
those
bids subtracted
from the selling price of the
other vehicles,
equipment, or
machinery as a means of determining
the lowest
responsible
bidder.
(G)(I) If a board of county commissioners determines that
county personal property is not needed for public use, or is
obsolete or unfit for the use for which it was acquired, and that
the property has no value, the board may discard or salvage that
property.
(H)(J)
As used in this section,
"internet" means the
international computer network of both federal and nonfederal
interoperable packet switched data networks, including the
graphical subnetwork called the world wide web.
Sec. 505.10. (A) The board of township trustees may accept, on
behalf of the township, the donation by bequest, devise, deed of
gift, or otherwise, of any
real or personal
property
for any
township use. When the township has property, including
motor
vehicles, road machinery, equipment, and tools, which the
board,
by resolution, finds is not needed
for public use,
is
obsolete, or
is unfit for the use for which
it was
acquired,
the board may sell and
convey
that property
or
otherwise
dispose
of it in accordance with this section. Except
as
otherwise
provided
in
sections
505.08, 505.101, and
505.102 of the
Revised Code,
the sale
or
other disposition of
unneeded, obsolete,
or unfit-for-use
property shall
be
made in accordance
with one of the
following: (A)(1) If the fair market value of
property to be sold
is,
in the opinion of the board, in excess of two thousand five
hundred
dollars, the
sale shall be by public auction or by sealed bid to the highest bidder. The
board
shall publish notice of the time,
place, and
manner of the
sale
once a week for three weeks in a
newspaper
published, or of
general circulation, in the township,
the
last
of
those
publications to be at least five days
before
the date of
sale, and
shall post a typewritten or printed
notice
of the time,
place, and
manner of the sale in the office of
the
board for at least ten
days
prior to the sale.
If the board conducts the sale of the property by sealed bid, the form of the bid shall be as prescribed by the board, and each bid shall contain the name of the person submitting it. Bids received shall be opened and tabulated at the time stated in the published and posted notices. The property shall be sold to the highest bidder, except that the board may reject all bids and hold another sale, by public auction or sealed bid, in the manner prescribed by this section. (2) If the fair market value of
property to be sold is,
in
the opinion of the board, two thousand five hundred dollars or
less, the
board may sell do either of the following: (a) Sell the property by private sale, without
advertisement or public
notification; (b) Donate the property to an eligible nonprofit
organization that is located in this state and is exempt from federal income taxation pursuant to 26
U.S.C. 501(a) and (c)(3). Before donating any property under this
division, the board shall adopt a resolution expressing its intent
to make unneeded, obsolete, or unfit-for-use township property
available to these organizations. The resolution shall include
guidelines and procedures the board considers to be necessary to
implement the donation program and shall indicate whether the
township will conduct the donation program or the board will
contract with a representative to conduct it. If a representative
is known when the resolution is adopted, the resolution shall
provide contact information such as the representative's name,
address, and telephone number. The resolution shall include within its procedures a
requirement that any nonprofit organization desiring to obtain
donated property under this division shall submit a written notice
to the board or its representative. The written notice shall
include evidence that the organization is a nonprofit organization that is located in this state and is
exempt from federal income taxation pursuant to 26 U.S.C. 501(a)
and (c)(3); a description of the organization's primary purpose; a
description of the type or types of property the organization
needs; and the name, address, and telephone number of a person
designated by the organization's governing board to receive
donated property and to serve as its agent. After adoption of the resolution, the board shall publish, in
a newspaper of general circulation in the township, notice of its
intent to donate unneeded, obsolete, or unfit-for-use township
property to eligible nonprofit organizations. The notice shall
include a summary of the information provided in the resolution
and shall be published at least twice. The second and any
subsequent notice shall be published not less than ten nor more
than twenty days after the previous notice. A similar notice also
shall be posted continually in the board's office, and, if the
township maintains a web site on the internet, the notice shall be
posted continually at that web site. The board or its representatives shall maintain a list of all
nonprofit organizations that notify the board or its
representative of their desire to obtain donated property under
this division and that the board or its representative determines
to be eligible, in accordance with the requirements set forth in this section and in
the donation program's guidelines and procedures, to receive
donated property. The board or its representative also shall maintain a list of
all township property the board finds to be unneeded, obsolete, or
unfit for use and to be available for donation under this
division. The list shall be posted continually in a conspicuous
location in the board's office, and, if the township maintains a
web site on the internet, the list shall be posted continually at
that web site. An item of property on the list shall be donated
to the eligible nonprofit organization that first declares to the
board or its representative its desire to obtain the item unless
the board previously has established, by resolution, a list of
eligible nonprofit organizations that shall be given priority with
respect to the item's donation. Priority may be given on the
basis that the purposes of a nonprofit organization have a direct
relationship to specific public purposes of programs provided or
administered by the board. A resolution giving priority to
certain nonprofit organizations with respect to the donation of an
item of property shall specify the reasons why the organizations
are given that priority. (3) If the board finds, by resolution, that the
township has
motor vehicles, road machinery, equipment, or tools
which are not
needed or
are unfit for public use, and the
board wishes
to sell
the motor vehicles, road machinery,
equipment, or tools
to the
person or firm from which it proposes
to purchase other
motor
vehicles, road machinery, equipment, or
tools, the board
may offer
to sell the motor vehicles, road
machinery, equipment,
or tools to
that person or firm, and to
have
the selling price
credited to
the person or firm against
the purchase price of
other motor
vehicles, road machinery,
equipment, or tools. (4) If the board advertises for bids for the sale of
new
motor vehicles, road machinery, equipment, or tools to the
township, it may include in the same advertisement a notice of
the
willingness of the board to accept bids for the purchase of
township-owned motor vehicles, road machinery, equipment, or
tools
which are obsolete or not needed for public use, and to
have the
amount of
those bids subtracted from the selling
price of
the new
motor vehicles, road machinery, equipment, or
tools, as a
means of
determining the lowest responsible bidder. (5) When a township has title to real property, the board of
township
trustees, by resolution,
may authorize the
transfer and
conveyance of
that property to any other
political subdivision of
the state upon such terms as are agreed
to between
the board and
the legislative authority of
that political subdivision.
(6)
When a township has title to real property and the board
of township trustees wishes to sell or otherwise transfer the
property, the board, upon a unanimous vote of its members and by
resolution, may authorize the transfer and conveyance of that real
property to any person upon whatever terms are agreed to between
the board and that person. (7) If the board of township trustees determines that
township personal property is not needed for public use, or is
obsolete or unfit for the use for which it was acquired, and that
the property has no value, the board may discard or salvage that
property. (B) When the board has offered property at public auction
under
this section and has not received an acceptable offer, the
board, by
resolution, may enter into a contract, without
advertising or bidding, for the
sale of that property. The
resolution shall specify a minimum acceptable
price and the
minimum acceptable terms for the contract. The minimum
acceptable
price shall not be lower than the minimum price established for
the
public auction.
(C) Members of the board shall consult with the Ohio ethics commission and comply with the provisions of Chapters 102. and 2921. of the Revised Code, with respect to any sale or donation under division (A)(2) of this section to a nonprofit organization of which a township trustee, any member of the township trustee's family, or any business associate of the township trustee is a trustee, officer, board member, or employee. (D) Notwithstanding anything to the contrary in division
(A)
or (B) of this section and regardless of the property's value,
the
board may sell personal property,
including
motor vehicles, road machinery, equipment, tools, or
supplies,
which is not needed for public use, or is obsolete, or is
unfit for
the use for which it was acquired, by internet auction.
The board
shall adopt, during each calendar year, a resolution
expressing
its intent to sell that property by internet auction.
The
resolution shall include a description of how the auctions
will be
conducted and shall specify the number of days for bidding
on the
property, which shall be no less than fifteen days,
including
Saturdays, Sundays, and legal holidays. The resolution
shall
indicate whether the township will conduct the auction or
the
board will contract with a representative to conduct the
auction
and shall establish the general terms and
conditions of
sale. If
a representative is known when
the resolution is
adopted, the
resolution shall provide contact
information such as
the
representative's name, address, and telephone
number. After adoption of the resolution, the board shall
publish, in
a newspaper of general circulation in the township, notice of its
intent to sell unneeded, obsolete, or unfit-for-use township personal
property by internet auction. The notice shall include a
summary
of the information provided in the resolution and shall be
published at least twice. The second and any subsequent notice
shall be published not less than ten nor more than twenty days
after the previous notice. A clerk also shall post a similar
notice also shall be posted continually throughout the calendar year in a conspicuous place in the
board's office, and, if the township maintains a web site on the
internet, the notice shall be posted continually throughout the
calendar year at that web site. When property is to be sold by internet auction, the board or
its representative may establish a minimum price that
will be
accepted for specific items and may establish any other
terms and
conditions for the particular sale, including
requirements for
pick-up or delivery, method of payment, and sales
tax. This type
of information shall be provided on the internet
at the time of
the auction and may be provided before that time
upon request
after the terms and conditions have been determined
by the board
or its representative. As used in this section, "internet" means the international
computer network of both federal and nonfederal interoperable
packet switched data networks, including the graphical subnetwork
called the world wide web.
Section 2. That existing sections 307.12 and 505.10 of the
Revised Code are hereby repealed.
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